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're hearing, it was that lowest threshold. >> now, senator lindsey graham is saying there was misspelled paperwork in the form of misspelled names. which resulted in a failure to follow up these individuals. is it really possible that a simple spelling error may have caused a breakdown in the communication here? >> i -- short answer, i don't know in this case. however, i will tell you that transliteration, in particular from arabic, for example, translated to english, vice versa, at times can cause con nu confusion to the system but not a breakdown. >> the relationship between intelligence agencies here and russia and perhaps a lack of cooperation between the two. >> well, at least through my time in government, with most allied countries and even nominal allies, at the law enforcement level and intel, usually quite good. it's kind of a comrade in arms type approach. there is, however, though, martin, sometimes there are political considerations. we don't know if we have that here. but in this case, if there was something really compelling on the russian side, it brings up the question,
cain, lindsey graham, they are suggesting. >> that could take him out of the american criminal justice system and put him into some other kind of system. it's not quite clear. a military tribunal, perhaps being sent to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of
by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation of him and designating him as an enemy combatant in the meantime. all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and
bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do they get the radicalization? >> he sounds like pam gellar. might as well grow some gigantic boobs. >> stephanie: run-on sentence please, for
that's the wrong legal path. senator lindsey graham of south carolina has said tsarnaev should be questioned by u.s. intelligence agencies. and then put on trial before a military commission, perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enou
an extended trip to russia last year. today on cnn's "state of the union" senator lindsey graham said there were plenty of clues that tsarnaev had been radicalized. >> the ball was dropped in one of two ways. the fbi missed a lot of things, is one potential answer. or our laws do not allow the fbi to follow-up in a sound, solid way. there was a lot to be learned from this guy. he was on websites talking about killing americans. he went overseas, as chuck indicated. he was clearly talking about radical ideas. he was visiting radical areas. it's people like this that you don't want to let out of your sight. and this was a mistake. i don't know if our laws are insufficient or the fbi failed, but we're at war with radical islamists and we need to up our game. >> the chairman of the house homeland security committee is also weighing in on this topic. he told our candy crowley that tamerlan tsarnaev received what he called training while in russia and he thinks tsarnaev made more than one trip to the region. we are learning more about the suspects from the russian republic of dagestan where
countries -- cases in this country. today senator lindsey graham urged the white house to reconsider its decision. >> i'm asking this administration to leave on the table the option if the effort warrants to designate this individual as an enemy combatant. the ability to have access to this suspect without a lawyer present together intelligence about a future attack is absolutely essential to our national security. >> democratic congressman adam shift, a member of the house intelligence committee is "outfront" and he is also a former federal prosecutor. we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and the
understand senator lindsey graham correctly, is what he was proposing is by making him an enemy combatant, that he would be turned over to the military to be questioned for a period, 30 days, and whatever he said during that 30 days could not be used against him when he gets turned back over for a federal trial. i think that's what he said. you know, which is different than what i think some people thought he meant originally. but anyway, i also thought it was interesting that the defendant is, according to the magistrate, and we have a copy of the transcript from the court hearing today, is that he is alert, mentally competent, and lucid. they did talk to him a little bit. i guess they might have got some information out of him the last day or so, would you expect? >> you know, i think what we have to do here, greta, as you are pointing out, is to separate the whole notion of what would be admissible in a criminal trial. i think there's very little doubt that he will be found guilty in a criminal trial; that he very likely will receive the death penalty. there's a lot of evidence out the
like rubio, on somebody like lindsey graham up for re-election. on somebody even like john mccain and jeff blake. so it's not impossible for this to occur, but it got a whole lot more difficult. >> joy, here's how the "national review" captured rubio's visit there. "it was striking to see how much he is personally admired by the colorful conservative pundits who broadcast on local a.m. stations, and by the biggest syndicated names like limbaugh. they still believe, without a doubt, that he's a top contender for the republican presidential nomination in 2016 and they love that he's already a national force. but when it comes to immigration, they're not buying it." >> yeah. >> why? >> well, because, you know, at the end of the day the o's at the end of rubio's first and last names are quite valuable to the republican party as an avatar for bringing in more hispanic voters. the ideas he's saying are not useful. it's been kind of pathetic to see marco rubio, supposedly this towering figure, latino ronald reagan of the republican party going hat in hand to radio hosts, begging them
, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status. we do not want the suspect to remain silent. we have concerns that limiting this investigation to 48 hours and exclusively relying on the public safety exception to miranda could very well be a national security mistake. is this realistic he would be named as an enemy combat talent, denying him rights even though's u.s. citizen, he was naturalized on september 11th of last year and he was arrested in the united states? >> no, this is a deep philosophical division between the obama administration and some of the republican -- sorry about this and what that means is the obama administration has said the criminal justice system can make this work, the criminal can handle national security risks like this person, terrorists have been prosecuted, moussaoui. this administration is committed to using the american courts there are some critics, like senator mccain, like senator graham, who say that's too big a risk, that we have too m
on in this hearing right now between lindsey graham and janet napolitano. we will get into it more later. the gist of it is why didn't we know about tamerlan's trip to russia, given the fact that he had been -- he had been, you know, asked questions already by the fbi, and at one point janet napolitano in this hearing today suggested, well he pinged on the way out. we picked him up on the way out. mike levine sailed he was on a very large watch list not a terror watch list that doesn't have a whole lot of significance. the big thing here, bob is are we doing what we need to be doing in terms of keeping track of people who have been on the radar in this country, or are we throwing up our hands and saying we can't find anything on them so we are done with that. >> this is the third time the fbi has let people slip through their fingers. they interviewed the guy before he went to russia. then he went to russia in an area near chechnya and he was there for six months. at that point it would seem to me it would trigger something, somewhere along the line. martha: you would think. >> this guy has been a
's senator lindsey graham on camera. the so-called gang of 8 senators unveiled the plan yesterday. it includes 13-year path to citizenship for the estimated 11 million undocumented immigrants. critics say it amounts to amnesty for people who came to this country illegally. >>> police and child welfare advocates say a little notice change to a california law makes it harder to track possible child abusers. california has a database that includes the names of suspected abusers. it's used to flag people when they apply to work with kids or take on foster children. starting in 2011, only state welfare agencies can add names to the database. in the past police have also been able to submit names. officers say that creates a gap in information, especially if a suspect moves often. >>> san fransisco city attorneys are investigating a nevada mental hospital accused of dumping discharged patients in the city. sacramento bee reports that the psychiatric hospital has bussed more than 1500 mentally ill patients out of nevada over the past five years. 500 of them were given one-way tickets to
senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case w
, republican senators lindsey graham, kelly ayotte, congressman peter king a short time ago, issued a statement this morning asking for the suspect to be tried as an enemy combatant. they said, in part, "we do not want the suspect to remain silent." senator chambliss, vice chair of the subcommittee on violence said "i'm disappointed that it appears this administration is once again relying on miranda's public safety exception to gather intelligence which only allows, at best, a 48-hour waiting period that may expire since the suspect has been critically wounded." will there be a public outcry, ed o'keefe, about all that's given, the suspect is a natural citizen? >> with those five senators -- lawmakers, certainly the outcry could potentially be beginning. it's no surprise that that quintet, if you will, is calling for the administration to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice
, or was this a conspiracy. that's where our focus is right now. >> i want to play for you what republican senator lindsey graham said after the white house announced earlier in the day that the survivining suspec the 19-year-old, would not be questioned as an enemy combat t combatant. listen to this. >> i'm asking this administration to leave on the table the option, if the evidence warrants, to designate this individual as an enemy combatant. what do we know? we know that these two individuals embrace radical islamist thought, that there's ample evidence this was an attack inspired by radical ideology, they were not trying to rob a bank in boston. >> what do you think about that, congressman? >> well, fifrst thing, i respec the senator's point of view, but i disagree. number one, you have to look at the legal aspect of this. when that provision that you don't have to give miranda rights is used, that -- you have to show a connection to al qaeda. in this situation, we at this point have no connection to al qaeda whatsoever. so the other issue is, this is an american citizen. when you have an american ci
Search Results 0 to 15 of about 16 (some duplicates have been removed)